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10-01-91A regular meeting of the Hopkins City Council was held on October 1, 1991 in the City Council Chambers of Hopkins City Hall. Present were Mayor Berg, Councilmembers Anderson, Shirley, and Kritzler. Councilmember Redepenning was absent. Also present were city staff Mielke, Genellie, Harmening, Gustafson, Gessele, Graham, T. Anderson and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Berg called the meeting to order at 7:30 p.m. II. SPECIAL ORDER OF BUSINESS (a) SWEARING IN OF NEW COMMISSION MEMBERS AND BOARD MEMBERS Jim Genellie conducted the swearing in of Ben Cohen as a member of the Park Board and Toni Richardson as a member of the Parking Committee. III. CONSENT AGENDA 1. APPROVAL OF THE SEPTEMBER 17, 1991 REGULAR MEETING . MINUTES 2. APPROVAL OF DISBURSEMENTS, PRELIST NO. 871 3. APPROVAL OF MISCELLANEOUS LICENSES 4. ADOPT RESOLUTION AMENDING RESOLUTION NO. 91-112 SETTING BID OPENING DATE FOR CLOCK TOWER 5. SET PUBLIC HEARING - VACATION OF EASEMENT - HOLIDAY SITE 6. APPROVE EXTENSION OF AGREEMENT WITH WAYZATA BUILDING INSPECTION SEVICES 7. DESIGNATE AUDITORS - KPMG PEAT MARWICK - Councilmember Anderson moved and Councilmember Shirley seconded the motion to approve the consent agenda. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. IV. PUBLIC HEARING (a) CONSIDER ACTION - APPEAL OF BUILDING INSPECTION ORDERS Staff recommended approval of the following motion: Adopt Resolution No. 91-119 denying Mr. Ochs appeal under Section 450 of the City Code and ordering Mr. Ochs to comply with orders issued to him on July 2, 1991. October 1, 1991 Page 2 Mr. Ochs had requested this hearing in accordance with his right to appeal orders issued under the "Manufactured Home Parks" ordinance. Mr. Harmening explained the reason for the order to improve the home now occupied by Mr. Ochs. Mr. Ochs, said that there is a bulge in the living room wall, but that it presents no danger to anyone. The inspection department ordered repairs on said wall. After a brief discussion Mayor Berg opened the public hearing at 7:37. Dennis and Rose Ochs, appeared before Council. Mr. Ochs stated that he would do the repairs but can not afford to do so at the present time. He also stated that he is being harassed by the manager of the Park. He questioned the necessity of a building permit and the expertise of the inspection department to inspect mobile homes. Mrs. Ochs, showed some pictures of the interior of the home where the bulge is and said that it had never caused any problems. She also stated that they had made many repairs to the home over the past seven years. After further discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to close the public hearing at 8:03. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. The Mayor suggested a building permit be secured and that Mr. Ochs have the skin removed to see what was causing the bulge. Councilmember Anderson asked if someone else could determine if there was structural damage. Councilmember Kritzler expressed concern for the safety of the family if the repairs were not made. Mr. Mielke suggested that the item should be continued for two weeks to see if something could be worked out between the inspection department and Mr. Ochs. Mayor Berg felt that a two week delay would accomplish nothing and the Council should move ahead with the Resolution as presented. October 1, 1991 Page 3 After further discussion Councilmember Kritzler moved and Councilmember Anderson seconded the motion to continue this item for two weeks. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; ,Mayor Berg, Nay. The motion carried. V. OLD BUSINESS (a~ CONSIDER ACTION SECOND READING PAWN SHOP ORDINANCE Staff recommended the following motion: Move that the Hopkins City Council approve Ordinance No. 91-689 for second reading and order published. Mike Romain, Mrs. Romain and Emmett Bernard appeared as owners of the pawn shops. Mike Romaine was the designated spokesperson. He had questions regarding the Ordinance. 1. Why is it necessary to record the time and when people purchase things from the pawn shop. He also stated that it would be difficult to obtain the identification of people purchasing items. Captain Liddy explained that should a person purchase a stolen article, the police department would have a way of informing the purchaser that the items in question were stolen. 2. Was it necessary to pay by check? Captain Liddy stated that checks were necessary to establish a "paper trail". Mr. Bernard felt that the fee was to high. Captain Liddy responded that the fee was considerable lower than other cities. He also stated that due to the extra time and manpower it will take for the police department the fee is very fair. After discussion Councilmember Shirley moved and Councilmember Anderson ~ seconded the motion to adopt Ordinance No. 91-689 for second reading with the discussed revisions, and order published. October 1, 1991 Page 4 A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried. (b) CONSIDER ACTION - AWARD BID - 2100 MAINSTREET DUNEMAN PROPERTY Staff recommended adoption of the following motion: Move that the Council adopt Resolution No. 91-120 for award of bid, 2100 Mainstreet. Six bids were received and the low bidder was Kevitt Excavating, Inc. Before bids were opened, City staff announced that Item #2 in the bid proposal would be stricken from consideration as part of the bidding process. This item concerns the location and capping of an existing well on the construction site. The Minnesota Department of Health has provided staff with conflicting interpretations of well capping. In addition, the issue of eliminating a well on private property needs to be settled. Earl Dahlberg, representing Ken Duneman, appeared before Council with a proposal for a new retail store to be built on the property. He showed the Council plans for the project. The project would require a full basement being built. Jim Gessele, Engineering Supervisor, provided an exhibit to the City Council which illustrated that about 1000 cubic yards of f ill would be placed in the proposed building basement. The approximate cost of the fill was $4,000. The Mayor thanked Mr. Dahlberg for his input but felt that the proposed retail project did not affect the resolution before the Council. He also stated that Mr. Dahlberg should work with staff and perhaps a reduction in the assessment costs could be made, should a portion of the fill need to be dug up at a later date. After further discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to adopt Resolution No. 91-120. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. VI. NEW BUSINESS October 1, 1991 Page 5 (a) CONSIDER ATION - CONDITIONAL USE PERMIT - HOLIDAY COMPANIES Staff recommended the following motion: Move to approve Resolution No. 91-122 approving the conditional use permit to construct a gas station at 1120 2nd Street South. Holiday Companies is proposing to construct a new gas station on the southwest corner of County Road 3 and 11th Avenue South. Currently Amoco is located on this site and leases the property from Jim Justus. The applicant will raze the existing business and construct a new building. The new building and gas pumps will be oriented to 11th Avenue rather than County Road No. 3. A canopy will be constructed over the gas pumps. Mark Nelson, a representative of the Holiday Companies, appeared before Council to discuss the conditions of the CUP. Mayor Berg went over the conditions of the CUP with the Council. He then requested that Mr. Nelson state the objections that he might have to the conditions. Mr. Nelson had questions regarding Items No. 1,4,8 and 9. Item No. 1 He questioned the need for an agreement between the Holiday Company and the City for an easement on County Road #3. He stated that should the County decide to expand County Road #3 the Company would be obligated to comply. He also stated that the property is owned by Mr. Justus therefore the agreement would be more appropriate between Mr. Justus and the City. Mr. Mielke explained that should it be necessary to give the easement to the County it would save the City from having to have condemnation proceedings. This would also save the City a considerable amount of money. Item No. 4. Mayor Berg indicated that closing the northernmost access drive on 11th Avenue onto the property would create problems for customers coming in and out of the station. After discussion, it was determined that the access drive would be left open for one year after the opening of the business and then closed by Holiday. October 1, 1991 Page 6 Item No. 8. Mr. Nelson did not feel that a sidewalk was necessary. Staff responded that they were sure that the business would get walk in traffic from the surrounding apartments, therefore making a sidewalk imperative. It was also understood that the sidewalk would be concrete. Item. No. 9. Mr. Nelson stated that the Holiday Company would contribute the monetary equivalent of the cost of nine trees of the required size for the improvement of County Road 3. ' Mr. Justus also appeared stating that an agreement between the parties concerned with the easement on County Road 3 was at the present time ambiguous because no one knows when or if the County will expand County Road 3. Pete Throdahl,-Vice President of Justus Lumber also appeared stating that to dedicate a right of way is very difficult when no one knows when this will take place. After additional discussion Councilmember Kritzler moved and Councilmember Anderson seconded the motion to adopt Resolution No. 90-122 with the agreed changes deleting Item No. 1 and correcting Items No. 4,5,8 and 9. The correction of Item No. 5 is a wording change. It will now read: Approval of the vacation of existing easements and dedicated by landowner of a storm sewer easement to the City for an existing storm sewer on the site. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. (b) CONSIDER ACTION - TRANSIENT MERCHANT LICENSE - "THE EYE GUYS" Staff recommended that the Council approve transferring the location of the site for selling Twins memorabilia from Leadens to the Hopkins House parking lot. They have been unable to come to an agreement with Leadens on a price for leasing this space. They have made an agreement with the new owner of the Hopkins House. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the change. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. The motion carried unanimously. w October 1, 1991 Page 7 VII. REPORTS - COMMITTEES/COMMISSIONS Mayor Berg asked the Council to approve the appointment of Bonnie Gill to the Chemical Health Commission. Councilmember Kritzler moved and Councilmember Anderson seconded the nomination. A poll of the vote was as follows: Councilmember Anderson, Aye; Councilmember Shirley, Aye; Councilmember Kritzler, Aye; Mayor Berg, Aye. ,The motion carried unanimously. Mayor Berg mentioned the upcoming celebration for the completion of Mainstreet. The proposed block party is scheduled for October 24, 1991 at the present time. Mayor Berg informed the Council and public about "Turn off the Violence" day on October 3, 1991. He said a walk is being planned from Mizpah Church to Hopkins City Hall at 6:30 p.m. He said the walk would take approximately one hour. VIII. ADJOURNMENT Councilmember Anderson moved and Councilmember Shirley seconded the motion to adjourn. The meeting adjourned by unanimous consent. Respectfully submitted, ,-, Pat Gisbdrne, Deputy City Clerk